Far from wanting to pour cold water on the coming festivities we want to ensure that everyone has a fantastic time and to ensure that no one suffers any unpleasant hangovers from 'the company party'. Employers should be aware that they have legal responsibilities for what may happen on the night.

We have asked employment law and a health & safety consultant, Peninsula Business Services Ltd, for their thoughts as to how an employer can minimise their exposure to litigation and to ensure the company party is a thoroughly enjoyable experience for everyone.

There are three possibilities to consider writes Peter Done, managing director of Peninsula. To organise and run everything directly yourself; the second option is to sponsor the event leaving staff to organise it; and finally not to participate at all leaving staff to organise amongst themselves whatever it is they want to do.

The first two involve possible problems; clearly by organising the event yourself you carry full responsibility. However most employers do not realise that even by contributing financially you potentially carry legal responsibilities for what may happen on the night. It seems rather negative to associate a Christmas party with health and safety issues and harassment complaints however unfortunately this can often be the case.

You can take a number of steps to prevent and minimise risks. Staff should be made aware that the Christmas party is a company function even if the company has only contributed towards it, and that decorum is expected. Gently remind employees that they should behave in a manner that is not likely to cause offence or distress to any other guests. Reiterate the company policy on acceptable behaviour referring to your company disciplinary policy. Employees are generally under the mistaken belief that conduct outside the workplace cannot result in a warning, this is incorrect. The law allows employers to take into account conduct outside of the workplace and in certain circumstances can allow employers to dismiss under their normal rules and procedures.

It is good practice to designate a member of management to oversee the function, ensuring acceptable standards of behaviour. Remember people socialise in different ways so everyone's needs should be considered; for example people who do not drink or those who do not celebrate Christmas. Prior to organising any event it is best to canvass employee opinion so that all needs are accounted for. Due consideration should be given to the location of the event, ensuring it's accessible to all but more importantly that your employees will be able to return safely home.

With regard to avoiding litigation, unfortunately you will be unable to prepare for every eventuality. However following the above steps, ensuring proper planning, reiteration of the company disciplinary procedure and reminding staff of acceptable conduct will provide you with a robust defence should any claim be made.

(Courtesy Peninsula Business Services Ltd)

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